The Care and Support (Provision of Health Services) Regulations 2014
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5 Transitional provisions
(1) This paragraph applies in a case where, immediately before the coming into force of these Regulations, a local authority— (a) was, in accordance with any directions issued in exercise of the powers conferred by section 7A of the Local Authority Social Services Act 1970— (i) providing advice and assistance to a relevant body which had consulted it pursuant to regulation 22(1)(a) of the Standing Rules Regulations (duty of relevant bodies: joint working with social services authorities); or (ii) cooperating with a relevant body in arranging for a person to participate in a multi-disciplinary team for the purposes of that body fulfilling its duty under regulation 21(5) of the Standing Rules Regulations (duty of relevant bodies: assessment and provision of NHS Continuing Healthcare); (b) was in receipt of a request from NHS England, pursuant to regulation 24(1) of the Standing Rules Regulations (appointment and term of appointment), that it nominate a person to be appointed as a local authority member of a review panel but had not yet nominated such a person; or (c) was in dispute with a relevant body about— (i) a decision as to eligibility for NHS Continuing Healthcare; or (ii) the contribution of a relevant body or local authority to a joint package of care for a person who is not eligible for NHS Continuing Healthcare, and had either not yet agreed a dispute resolution procedure with the relevant body, in accordance with any directions issued in exercise of the powers conferred by section 7A of the Local Authority Social Services Act 1970, or had agreed such a dispute resolution procedure with the relevant body but had not yet resolved the dispute in accordance with that procedure. (2) Where— (a) paragraph (1)(a) applies, the local authority is required to continue providing advice and assistance to the relevant body or cooperating with the relevant body as though such obligation had arisen under these Regulations; (b) paragraph (1)(b) applies, the local authority is required to nominate a person to be appointed as a local authority member of a review panel as though the obligation to nominate such a person had arisen under these Regulations; (c) paragraph (1)(c) applies, the local authority is required to— (i) if necessary, agree a dispute resolution procedure, and (ii) resolve the dispute in accordance with any procedure agreed with the relevant body, as though the obligation to agree such procedure and to resolve the dispute had arisen under these Regulations.
5 Transitional provisions
(1) This paragraph applies in a case where, immediately before the coming into force of these Regulations, a local authority— (a) was, in accordance with any directions issued in exercise of the powers conferred by section 7A of the Local Authority Social Services Act 1970— (i) providing advice and assistance to a relevant body which had consulted it pursuant to regulation 22(1)(a) of the Standing Rules Regulations (duty of relevant bodies: joint working with social services authorities); or (ii) cooperating with a relevant body in arranging for a person to participate in a multi-disciplinary team for the purposes of that body fulfilling its duty under regulation 21(5) of the Standing Rules Regulations (duty of relevant bodies: assessment and provision of NHS Continuing Healthcare); (b) was in receipt of a request from NHS England, pursuant to regulation 24(1) of the Standing Rules Regulations (appointment and term of appointment), that it nominate a person to be appointed as a local authority member of a review panel but had not yet nominated such a person; or (c) was in dispute with a relevant body about— (i) a decision as to eligibility for NHS Continuing Healthcare; or (ii) the contribution of a relevant body or local authority to a joint package of care for a person who is not eligible for NHS Continuing Healthcare, and had either not yet agreed a dispute resolution procedure with the relevant body, in accordance with any directions issued in exercise of the powers conferred by section 7A of the Local Authority Social Services Act 1970, or had agreed such a dispute resolution procedure with the relevant body but had not yet resolved the dispute in accordance with that procedure. (2) Where— (a) paragraph (1)(a) applies, the local authority is required to continue providing advice and assistance to the relevant body or cooperating with the relevant body as though such obligation had arisen under these Regulations; (b) paragraph (1)(b) applies, the local authority is required to nominate a person to be appointed as a local authority member of a review panel as though the obligation to nominate such a person had arisen under these Regulations; (c) paragraph (1)(c) applies, the local authority is required to— (i) if necessary, agree a dispute resolution procedure, and (ii) resolve the dispute in accordance with any procedure agreed with the relevant body, as though the obligation to agree such procedure and to resolve the dispute had arisen under these Regulations.
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